1 IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 185 OF 2023 (@ SLP (CRL.) NO.10658/2022)
DASHRATH YADAV APPELLANT(S)
VERSUS
STATE OF RAJASTHAN RESPONDENT(S)
O R D E R
Leave granted.
This appeal is directed against the order dated 11.01.2022 passed by the High Court of
judicature for Rajasthan at Jaipur Bench, Jaipur, dismissing the application filed by the appellant herein seeking suspension of sentence during the pendency of his criminal appeal before the High Court. We have heard learned counsel for the appellant as well as learned counsel for the State of Rajasthan. It is not disputed that during the trial, the appellant was on bail, equally undisputed fact is that the disposal of pending appeal before the High Court is likely to take time. When the period during which the appeal can be disposed is uncertain and 2 there are no chances of its expeditious disposal, we see no good reason to keep the appellant under incarceration. In view of the aforesaid facts and circumstances, we are inclined to release the appellant on bail subject to such terms and conditions as may be imposed by the trial Court . Impugned order passed by the High Court stands set aside and the appeal accordingly stands allowed. Pending application(s), if any, shall stand disposed of …………………..J.( KRISHNA MURARI )
…………………..J. ( B.V. NAGARATHNA )
NEW DELHI
20 th JANUARY, 2023
3 ITEM NO.42 COURT NO.13 SECTION II S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No(s). 10658/2022 (Arising out of impugned final judgment and order dated 11-01-2022 in SBCRMSOSA No. 749/2021 in S.B. Crl.A. No.1299 of 2021 passed by the High Court Of Judicature For Rajasthan At Jaipur)
DASHRATH YADAV Petitioner(s)
VERSUS
STATE OF RAJASTHAN Respondent(s)
(Mr. Milind Kumar, Advocate as the Standing Counsel for the State of Rajasthan) )
Date : 20-01-2023 This petition was called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE KRISHNA MURARI
HON’BLE MRS. JUSTICE B.V. NAGARATHNA
For Petitioner(s) Mr. K. L. Janjani, AOR
Mr. Pankaj Kumar Singh, Adv.
Mr. Kailash J. Kashyap, Adv.
For Respondent(s) Mr. Asad Alvi, Adv.
Ms. Saba, Adv.
Mr. A.K. Patel, Adv.
Mr. Milind Kumar, AOR
UPON hearing the counsel the court made the following
O R D E R
Leave granted.
Appeal is allowed in terms of the signed order. Pending application(s), if any, shall stand disposed of Concluding paragraph of the signed order reads as under :
In view of the aforesaid facts and 4 circumstances, we are inclined to release the appellant on bail subject to such terms and conditions as may be imposed by the trial Court .
(Geeta Ahuja) (Beena Jolly)
Assistant Registrar-cum-PS Court Master
(Signed Order is placed on the file)